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Home My WebLink About01-2030 FX f: i (,' ::' V , " i_' .' I l' i" n " . t-- ;:) L' , t', ~, ! t", ',', ,:-, !::,:"_~1'iI' John A Statler, Esquire Attorney 1 D, No, 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P,O, Box 1268 Harrisburg, P A 17108-1268 Te1ephoue:(717)234-4161 Attorney for Defendant P AGIE R. THURBER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 01-2030 Civil Term DWAYNEE. NANCE, Defendant JURY TRIAL DEMANDED DEFENDANT'S PRE-TRIAL MEMORANDUM AND NOW, comes the Defendant, Dwayne E. Nance, by his attorneys, Goldberg, Katzman and Shipman, P.C., who submit the following Pre-Trial Memorandum: I. STATEMENT OF BASIC FACTS AS TO LIABILITY This case arises out ofa slip and fall accident that allegedly occurred on February 10, 2000 at 429 Shelley's Lane in Etters. The Plaintiff, Pagie R. Thurber, is the ex-wife ofthe Defendant, Dwayne E. Nance. The parties were married in 1981 and divorced in 1995. The Plaintiff subsequently remarried in 1997. While they were married, Pagie Thurber and Dwayne Nance built the house at 429 Shelley's Lane. Originally, both names appeared on the deed and the mortgage. As part of the ;"7__.:-_,>,_'1 " ,- ., "'," '''1- ,~:-. _"CI " -3 " ,",,,--~~_,, "- Po 1"- I' "',,,-,c,_.,_ -,"." -, divorce, Pagie Thurber's name was removed from the deed but remained on the mortgage to the property. Pagie Thurber moved out of the 429 Shelley's Lane residence in April 1995, but moved back in at the end of November 1999 because she and her present husband were having problems. She lived at 429 Shelley's Lane with her adult son, Wayne, from November 1999 until April 2000. While they were living there, both Pagie and her son shoveled snow and removed ice from the driveway and sidewalks. At the time of the accident, Dwayne Nance was living with his girlfriend's parents. Only Pagie Thurber and her son, Wayne, were living at 429 Shelley's Lane when the accident occurred. On the morning of the accident, the Plaintiff allegedly slipped and fell on ice in the driveway. n. STATEMENT OF BASIC FACTS AS TO DAMAGES Pagie Thurber suffered a broken ankle in this accident. She underwent surgery with fixation at Harrisburg Hospital. She later had the screws removed from her ankle. All of her medical bills have been paid by her medical insurance company. 2 "'! _1!lJ. . "., --',,4,_,., , I p' -0 - '--~__ -,'/:.,- ~ ." - I ", _ ,r,- '" H, j.,_. ,_~. ~_._,-_ ,..- , 1~~- "' At the tinle of the accident, the Plaintiff was employed by Delta Dental. She missed a total of 13 weeks of work due to her injuries and treatment. She received partial disability payments through the employer. m. STATEMENT AS TO PRINCIPAL ISSUES OF LIABILITY AND DAMAGES 1. Negligence of Defendant 2. Proximate Cause 3. Comparative Negligence of Plaintiff 4. Proximate Cause 5. Damages IV. SUMMARY OF LEGAL ISSUES REGARDING ADMISSmILITY OF EVIDENCE The Plaintiff is not represented by counsel. Her prior counsel, Robert Claraval, Esquire, was granted pennission by this Court to withdraw as counsel. The Plaintiff has not tal<en any medical depositions to date. Defendant will expect the Plaintiff to comply with all rules of evidence regarding the testinlony of witnesses and the use of exhibits at trial. V. IDENTITY OF DEFENDANT'S WITNESSES 1. Dwayne Nance 2. Faith Nance 3. David Murray 3 ':~';?":I'",~ ,_ , "". ,,>~,:,<~,, "-'">""1'-:"'-- ''---' -"'-/3~-'''-'-'--'' ,,- e _ 1- ,-oz, ',-~___I , , -,~-"" ...'.m.... --'^ -,~ ~ - < ~.-,. ,., .. ~ . 4. Faith Nance's Parents 5. Witnesses identified by Plaintiff in her Pre-Trial Memorandum. VI. LIST OF EXHIBITS 1. Photographs of property located at 429 Shelley's Lane. 2. Income Tax records and other documents confirming Dwayne Nance's address. 3. Weather records. 4. Recorded statement ofPagie Thurber. 5. Documents produced in discovery in this case. 6. Documents identified by Plaintiff in her Pre-Trial Memorandum, VIT. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS ~ I i , [;: I' f" " , I I ~: I I, i' t " ! t' On April 1, 2002, the Plaintiff demanded $60,000.00 to settle this case. The Defendant has made no offer and intends to defend this case at trial. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. " , , By: John A. S er, Esqu' Attorney 1. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne Nance ~: H i' I i DATE: 10 (6/02-- 83293.1 4 I , f , f;,'~~"O _ ""-:-""Y,~<-- ~- -c, )'"7,' '~" _, _ -'1 ,:-,.-"-:-:c".",,-,, .- __I c';,~,~~ _'-_",~--'I" "-'_~'_I<,,__ >0,-"'. f"" 0" ._ "",'co, -,,_ , CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 8th day of October, 2002, addressed to the following: Mrs. Pagie R. Thurber 1051 AIIendale Road Mechanicsburg, PA 17055 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.c. By: \ John A. S er, e Attorney I. D. No. 43812 " t- 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance , "':_'Y~ '":~;-_ "'0' '"_,''_''_, ". -"I:-~-~~ ,.' -;-"-+,--."-,,,,-"',",, ," -,--,,~ "'-'-1--' -'1-' - .. ~,- ~ _, ':' c ',~ r~_/ _0' __u -- .--".,- PAGIE R. THURBER : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 01-2030 Civil Term DWAYNE E. NANCE PRAECIPE To the Prothonotary of Cumberland County: Please withdraw Plaintiff's Complaint without prejudice. Date: It) -/4-0;2.... ~hi;) Pagie . Thurber Plaintiff "L m. ",.,., ._ ~ " . , ~I . " '-1 , ~"". I ~ &- GROSS~ L.L ~~, .c: OF COUNSEL: ANGELA N. DOBRINOFF-BLAKE, EsQUIRE KURT A. BLAKE, ESQUIRE RONALD J. GROSS, ESQUIRE' "'ADMITTED IN PA & MD ATTORNEYS AND COUNSELLORS AT LAw September 22, 2002 The Honorable George E. Hoffer, President Judge Cumberland County Court of Common Pleas(o Hanover and High Streets " Carlisle, Pennsylvania 17013 Paige R. Thurber vs. D-,. 01-2030 Civil . Nance . "^'" Dear Judge 0 . '-'.1, 16 (~ As you may recall, by your Order of Court dated :Uls~ 1;'2002, you directed the undersigned to correspond regarding my appearance or non-appearance on behalf of the Plaintiff in this case. I have met with the Plaintiff, and will not be undertaking representation of the Plaintiffin this matter. If you should have any questions please feel free to contact me. KAB/bms cc: Client/file John Statler, Esquire 29 EAsT PHILADELPHIA STREET . YORK PENNSYLVANIA 17401 . 717.848.3078 . FAX 717.848.2777 WWW.BLAKEGROSSLAW.COM "'~, , ~. - . - '1------,.-',,,.,.. ""1 ~ ~ "" /"" . \'1_~" <~ _ ,)"'" "' , PAIGE R, THURBER, Plaintiff #15 Hoffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-2030 CIVIL DWAYNE E:, NANCE, Defendant CIVIL'ACTION - LAW IN RE: CASE CONTINUED ORDER OF COURT AND NOW, August 13, 2002, this case having been called for trial by John R, Statler, Esquire, Goldberg, Katzman and Shipman, and the plaintiff having appeared pro se and having requested a continuance from this trial list, plaintiff's request for continuance until the November term is granted, Ms, Thurber's prior attorney, Robert Claraval, Esquire, withdrew from representing plaintiff in June 2002, Ms. Thurber claims that she has been looking for an attorney to represent her since that time, but only now has scheduled an appointment with an attorney named Kurt Blake, Esquire, of 29 East Philadelphia Street, York, Pennsylvania. She claims to have an;,;ap;pointment with Mr. Blake, who she indicates has agreed to accept her case over the telephone, on August 28, 2002, at 6:00 p,m. at his office. The Court requests Mr. Blake to inform the Court and defense counsel by letter after his appointment with Ms. Thurber to inform the Court of Mr. Blake's appearance or nonappearance in this matter. The Court directs that the case will be listed for trial in November without further listing by counselor Order of - I; " ~ ~.,!f ..- 01-2030 Civil Page 2 Court. The next appearance for plaintiff and her counsel will be at the pretrial conference on the fourth floor of the courthouse on Wednesday, October 16, 2002, at 9:00 a.m. By the Cour , G Paige R. Thurber, Plaintiff 1051 Allendale Road Apartment I Mechanicsburg, Pa., 17055 John R. Statler, Esquire For the Defendant Kurt Blake, Esquire 29 E. Philadelphia St. York, Pa. 17404 Prothonotary Court Administrator :mtf ',"''''''''-, _:"l - ~ or" ~ ~,~I'" ,,-, - r ~ ~ , P AGIE R. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. 01- 07D30 e,()~ L c. l~ : JURY TRIAL DEMANDED DWAYNE E. NANCE, Defendant NOTICE - COMPLAINT YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Referral Service Court Administrator Third Floor, Courthouse Carlisle, PA 17013 (717) 249-1133 ""~-:':-'_C' u ,-- - ,",".= _ _._q_~..I~,,,,,,';,,,,~, ..-,'_' .,_ 1 1-' - -~. ,~~.- ~ NOTICIA Le han demandado a usted an la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado gue si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier gueja 0 alivio gue es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. 81 NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUNENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR A8ISTENCIA LEGAL. Cumberland County Referral Service Court Administrator Third Floor, Courthouse Carlisle, P A 17013 (717) 249-1133 !'!,i!O '. -; ,_'_,C ,"'_ _ _~ . ~r:_~ '-'".'- I.p;-,:,>.;,,,,,=,,,-,,, -'-""--'-' -, ," 1 .. . . ~ ^ ,- ~~ 1" PAGIE R. THURBER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. f:Jt- ,2030 ~ f~ DWAYNE E. NANCE, Defendant : JURY TRIAL DEMANDED COMPLAINT 1. The PlaintiffPagie R. Thurber is an individual who reside at 342 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant Dwayne E. Nance is an adult individual who resides at 2109 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. On February 10,2000 Pagie Thurber was residing at 429 Shelly Lane in Etters, Pennsylvania. 4. The premises at 429 Shelly Lane was owned solely by the Defendant Dwayne E. Nance, who also resided at the premises. t" . ,,<'-'':;O'n'"~ "''''''","~/,,,,,~,, - -'h:',~"'".",~:_ ",.-I'N'!. .'-, , _ - . - , , , .-"" " 5. At approximately 6:00 a.m. Pagie Thurber left the premises to go to her car which was parked in the driveway. 6. Pagie started the car to allow it to warm up. 7. Pagie then exited the car and traveled toward the end of the driveway to retrieve the mail from the mailbox. 8. It was necessary for Pagie to walk on the driveway because there was no sidewalk and no other route for Pagie to choose to get to the mailbox. 9. It had snowed earlier that week and Pagie brought to the attention of Dwayne Nance that there was ice accumulating on the driveway. 10. Pagie on at least one occasion the week before she fell had cleared the driveway of as much snow and ice as she was capable of removing. 11. Pagie specifically asked the Defendant to put salt or some other chemical on the driveway to remove the accumulated ice. The Defendant refused that request even though he had the chemical in his basement. I'," . ''-'-'',c:C: ;-,'~,-_^":1''?'' _'-', -,'.','- < ,. . <r,,_",'- ">,- _'+_-~,".,- ~" ~-_~_"",""___,,_,_,<, .,- - I " - r, "<_ _"_ ." ~ 12. Pagie offered to put the salt or chemical on the driveway herself. The Defendant also refused that request, stating that it would damage the driveway surface. 13. As Pagie moved toward the mailbox while walking on the icy driveway as carefully as she could her right leg slipped and bent out, causing both her tibia and fibula to instantly fracture. 14. Plaintiff was taken to the emergency department at Harrisburg Hospital. 15. Immediate surgery known as an open reduction and internal fixation of the right distal tibia and fibula was performed by Dr. Hamsher. 16. The aforesaid incident and all of the hereinafter mentioned injuries and damages sustained by the Plaintiff Pagie Thurber are the direct and proximate result of the carelessness and negligence of the Defendant Dwayne Nance which consisted of: (a) In failing to adequately and properly maintain the driveway in a safe condition; (b) In failing to remove the ice in a timely fashion from the driveway; 'I:'" ,"_" " ._ p,__~_ '~_'_' '''''''''__".''~_',_",_. _>,~,,_,,_,,'_Y. 1-",,--. - ~ '"' ,_ _ _ - _, ',T (c) In failing to provide a safe means and method for persons to use in exiting the home. (d) In failing to place a non-skid material on the ice to create a safe means and method for Pagie to get to the mailbox by using the driveway. (e) In refusing to permit Pagie to place a non-skid material on the driveway. 17. As a proximate result of the incident described above, the Plaintiff Pagie Thurber sustained serious, painful and permanent injuries which consisted of the following: (a) Spiral fracture of the right distal fibula; (b) Spiral fracture of the right distal tibia which was displaced; (c) Permanent scarring from the surgical procedure and procedures to come; (d) Pain and discomfort from the surgical hardware inserted in her leg; (e) General trauma and shock; :i_}_~~. _ ' -", "-_'_""-_',^-_,~",<_:;'_"_:1'r:'_,,_r:c_'."_,~_,'_'_ ''.-,.,^"- .-_TI"';~'_'_" .r' --or - J-'- '.i-, . .. - ,-~ , "," - -," -"'" (f) Loss of range of motion in her leg; (g) Early onset of permanent arthritis in her leg; (h) A limp; (i) Confinement to a wheelchair, crutches and casts for months. 18. By reason of the PlaintiffPagie Thurber's injuries as set forth above, she has received medical treatment and physical therapy and continues to receive said treatment and therapy to recover from the injuries suffered in this incident. 19. As a result of the negligence of the Defendant Dwayne Nance as described herein, the PlaintiffPagie Thurber has suffered and will continue to suffer mental and physical pain, great difficulty in carrying out and engaging in life's activities, a loss of life's pleasures and enjoyment, humiliation and embarrassment. 20. PlaintiffPagie Thurber has and will in the future sustain a loss of earnings and an impairment to her earning capacity. Hers past and future loss of earnings will exceed $10,000. "1',"- ,n." ,"2'f-,..,;~~",", - .,",.,. -. - -,~_ ,,~- . ,_, "",,,, 1.<." i" ,.:.,,,. . ,,'.,-'j,. -.,. '; '" - ~ <, - - ,~- - -~ ....,'C 21. Plaintiff Pagie Thurber has been forced to undergo and receive medical services, medication and therapy in the past and will be required to continue to do so in the future. Upon information and belief, the cost of such services are currently in excess of $5,000 and will continue to increase up to the time of trial. 22. The Plaintiff Pagie Thurber will be forced to undergo yet another surgical procedure in the Fall of2001 to remove the painful surgical hardware. 23. All ofPlaintiffPagie Thurber's injuries as herein described are continuing and will continue into the foreseeable future, as will the treatment costs thereof. 24. The negligence of the Defendant Dwayne Nance has resulted in the general deterioration of Plaintiff Pagie Thurber's well-being. WHEREFORE, the PlaintiffPagie Thurber demands judgment against the Defendant Dwayne Nance in an amount which exceeds the compulsory arbitration limits of Cumberland County, together with interest, delay damages if applicable and costs of suit. I, I' Ii, _-~~i!-,.?""", .'-"',''1" --'_",,?,,- -,' ," ~ " Date: ,i.::': _ ~ - .. - "/'S"'~ .~- -~, --, '-1/</0 I -''';^~- + "--.- :'~'~w:t~ ~BERTF. CLARA VAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court LD. #19222 Attorney for Plaintiff .,. VERIFICATION The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and to the extent that it is based upon information that I have given to counsel, it is true and correct to the best of my knowledge, information, and belief; to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. ~1fi nj{f(IUA~) Pagie hurber " ""-, "-- -,-~_", .';'_''-'''~-~~,<,~",_,'-'~', _'~__"",_'J._"''''_'_i''',C,__,>~_'_ ..",1 _ - , .' X"_ ','r=~' ,0_ ~ ~ _~"." '^' ""., ",. .~~ , -. - ",-' ~"- ~- =- ~ L v SHERIFF'S RETURN - REGULAR , CASE NO: 2001-02030 P . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THURBER PAGIE R VS NANCE DWAYNE E CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NANCE DWAYNE E the DEFENDANT , at 1422:00 HOURS, on the 18th day of April , 2001 at 2109 WARREN WAY MECHANICSBURG, PA 17055 by handing to FAITH NANCE, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So Answers: ~..!::/ ,/..,....; ~' .*'~"".~..F:, ~..c. ,4" d',:_, '''" ",'J.'J".""~ ., R. Thomas Kline me this day of 04/19/2001 ROBER:y~ C'iV,," ;r ~ ~She~o// Sworn and Subscribed to before A.D. '~o ,~~-~" "" ,~.~, 'j'~"- ~..~-- .!I""'I ~ , I " -~ , , John A. Statler, Esquire AttomeyI. I>. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 . Attorney for Defendant P AGIE R. THURBER, Plaintiff v. DWAYNEE. NANCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2030 Civil Term JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROmONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A Statler, Esquire, of Goldberg, Katzman & Shipman, P.c., as counsel on behalf of the Defendant, Dwayne E. Nance, in the above-captioned action. DATE: ~ 1110 I 62749.1 :~~~ """'\0,';'-"-.._., ,~,_" -. .V "" _".:;.,<", >." <> GOLDBERG, KATZMAN & SHIPMAN, P.c. BY~~ John A. Statler, Esquire Attorney J.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Counsel for Defendant Dwayne E. Nance , . . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at \V\ Harrisburg, Pennsylvania, with first-class postage prepaid on the 7 day of ~ 2001, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. BYU~ Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance ,,),;~ v,,,;, ,~&-,,,~,,,', x,<;<.-'_'f_:- . .,~- """~~",,+__, '" O'':1''"_I,~ ,~.",_ '_'~- """', ~_ '3- "_,, _ _~'_" .-'.-"i-'I-"-.,-.. ,,_,_ '., ,'.'. ~_ _ _. . ~~__>__ ~_^"__ iFf l~ ! ~ c,,, oj, do, "/' 0' - -~ - 'l .~" _ 0 '"'1'" ,__,.. __n, ,.,,-,",_, 0,,-- ",.. ....,"";>.. "' .....'..~..'m'"v..'I.I..'ill 'j "j 'j ..,,'Tl,.'.." .'''x;.'', 'e "---""'-',~ ,-- . .. ...."'... __.... .,.. I ~ . (") ~: -o~; rnr-:: -7-" ~.. 0S~ ~C~ ~;..". .~ ~~~ .c_ ....1 .< .~~__iiIl'~~___~~ c..:) () ~ "".... ~-,:~ I ,~-" .......-' ,,' r .z::" r.__Jl1Iil!lf~~J!il,:,:"_' L~ .';0,'"" ~ John A. Statler, Esquire Attorney 1 D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717)234-4161 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAGIE R THURBER, Plaintiff v. CIVIL ACTION - LAW NO. 01-2030 Civil Term DWAYNEE. NANCE, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO COMPLAINT AND NOW, comes the Defendant, Dwayne E. Nance, by his attorneys, Goldberg, Katzman and Shipman, P.C., who file the following Answer to the Plaintiff's Complaint: 1. Admitted on information and belief. 2. Admitted with clarification. The correct zip code is 17050. 3. Admitted. 4. Denied as stated. Both Plaintiff and Defendant were co-signers on the mortgage to the property. It is further denied that Defendant Dwayne Nance was residing at the premises at 429 Shelly Lane on February 10, 2000. ". 4,W '~'",.- --,-"--~-".,-,'- - -, - ", "--'"""-"'c,'_"', "'I_,.~,~F," "' - f'j,",_ "," -'-~ ,.... -,- -" "-."'<,, ",' ,~-,,~ - <.., ~ . " "", "' " " ,-,- 5. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at tinJe of trial if deemed material. 6. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at tinJe of trial if deemed material. 7. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at tinJe of trial if deemed material. 8. It is denied that it was necessary for an individual to walk on the driveway to get to the mailbox. 9. Based upon information and belief, Defendant admits that it had snowed approximately five days or so prior to February 10, 2000. It is specifically denied that the plaintiff brought to the attention of Dwayne Nance that there was ice accumulating on the driveway. 10. It is admitted that on February 10, 2000, the driveway was clear ofice and snow. It is unknown if the Plaintiff herself had cleared the driveway earlier that week. 2 ~';;-T~ .~ - _'c t _'cr,'__-> 0_"_.,.,,,, .~",_' ,,_ -""0'" , '''''''"'t_, _1"'''7~_ ,_ _' _~. _ --~"~"'-~,""', -, ,- ,.'-' _~_." ~. ___~~ ,"C'_ ,,~-- ' ----- .=...-. " - ,~, ~'". ,.",~--<-,., -"-~ ,"',~,.~ "0' .,- ~j I:. 11. It is admitted that there was a large bag of ice melt compound located inside the garage of the house and further admitted that the Plaintiff was aware of the existence and location of the ice melt compound. It is denied that the Plaintiff requested the Defendant to apply the salt or ice melt compound on the driveway and denied that the Defendant refused to do so. 12. It is specifically denied that the Plaintiff offered to put salt or chemicals on the driveway and denied that the Defendant refused to allow the Plaintiff to apply such melting compounds. It is further denied that the Defendant stated that the application of salt or other chemicals would damage the driveway surface. 13. It is denied that the driveway was icy. By way of further answer, Defendant is without information sufficient to form a belief as to the truth or falsity of the balance of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 14. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 15. Defendant admits that the Plaintiff underwent some type of surgery. Defendant is without information sufficient to form a belief as to the truth or falsity of the specific averments 3 j;''' concerning the nature and extent of the surgery or the name of the doctor who performed the procedure. 16. The averments in this paragraph constitute conclusions oflaw to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Dwayne Nance was careless and negligent and denied that the Plaintiff suffered any injuries or damages as a result of any negligence or carelessness of the Defendant. By way of further answer, it is specifically denied that Defendant Nance was careless and negligent in: a. failing to adequately and properly maintain the driveway in a safe condition; b. failing to remove ice in a timely fashion from the driveway; c. failing to provide a safe means and method for persons to use in exiting the home; d. failing to place a non-skid material on the ice to create a safe means and method for Plaintiff to get to the mailbox by using the driveway; e. refusing to permit Plaintiff to place a non-skid material on the driveway. 17. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiff's alleged injuries and damages and, therefore, denies the same and demands strict proof at time of trial if deemed material. 4 ":"" , .~ "',~ ~.;A.',_~'_,A!c_ -,"'" _ "_"~ ,', _,.,,,_~ _I_"",'__~____~ _ "~_""__"'T"_~<,__" _"_ _ , ''',-1- . '0 _~,_,__ _ ". ro_ _ _~ _C,_ ". ,-, ~-- ,--' ",. 18. It is admitted by the Defendant that the Plaintiff had some type of surgery. By way of further answer, Defendant is without infonnation sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 19. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Dwayne Nance was negligent and denied that the Plaintiff suffered any injuries or damages or losses as a result of any negligence of the Defendant. By way of further, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the nature and extent of the Plaintiff's alleged injuries and damages and, therefore, denies the same and demands strict proof at time of trial if deemed material. 20. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 21. It is admitted by the Defendant that the Plaintiffhad some type of surgery. Byway of further answer, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 5 :",-~ "". <",-.",~--,--,,'"'-~ ,<,- ". , ,"~" .c>-' ". r,,1 _ ,. c'._'.. .. ---"-, _ -' - . j,'- " - ~- ,-~~~ 22. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 23. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 24. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that Defendant Dwayne Nance was negligent and, therefore, denied that the Plaintiff suffered a deterioration of her well being as a result of any negligence of the Defendant. WHEREFORE, Defendant Dwayne E. Nance respectfully requests that the Plaintiff's Complaint be dismissed and that judgment be entered in favor of Defendant Dwayne E. Nance and against the Plaintiff. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. i~ I' l! " f: I Ii 11 " " [: DATE: Sh3/0 I 63092.1 BY.~~ - John A. tatler, Esquire Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance 10 ! ~; , l::,':1.m 6 """",,- - --, ~'''.' ''C, -'\'-'1'--~-d -- -'~'-,-')-","-~~:::~_~~-_-_ ,,--~.' ,---- - - --'r- ___ I' .. -- .__ __,- , ~_"-"''""1't-{--.,.._ _-"'.", _,- " _~ _ ""~_~"' _ _ _c ,,~_, _~_ 10/_"'_ VERIFICATION I, DWAYNE E. NANCE, hereby acknowledge that I am the Defendant in this action; that I have read the foregoing document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Q~en? ~~ D A' E. ANCE DATE: ;,~'- ~ .'^ . ~, ,~. - ",-~,.." c_~;_ _' __,__=~p,__~,_,_, __~_~~~I_~_;;_' _ '_"',,___,_"~-'_C' .,--; - --O_~_'L , '"' -I' - -~ -",-"!-",' , " -'-,,'" _ '.'" ~ _ , _ "^,~,,,_ " -- " -' - '''.- . -'---"._;'--" --"'--'-~ -' , , , ~""'- ;J CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at ro/ Harrisburg, pennsylvania, with first-class postage prepaid on the 2..3 day of ~ 2001, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By ~:t- John A. S er, Esquire Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, P A 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance i-',~ , ::-'--,. 7,,-~,,"iJ~'~,'~-,,'--_' -c ":~ -- -- ~''',- "-_,,.,'___.- I _~ - -, -- .' ,0'<, . '''_'_ ""_'__"1c_;_" 1,'__ _ ~ - ..C "' " ~ __ ,~ ,-- ill ~~ , ~. "" '" ~~ 1"- ,-"~~ "~""'__ ,,"'-e,.,_'~""r'~' .'~,= ~ ... ;](" 9,~~ i,-:" s~:. ~:: ~::;---; )>(~ ..... () r .,- ,ro~. '.-." ...."-TIliru 'iT ',." :",) >,) -- , -.. ~o -< ,.7; ~~p~fJ,I&!~"-77'"-~- ~~F:~~_~~, .'_ ",' _'_-", ''"~~~_-''f"~,,"-o:,:Ii~J " John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Hittrisburg, P A 17108-1268 To1ephone:(717)234-4161 Attorney for Defendant P AGIE R. THURBER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 01-2030 Civil Term DWAYNEE. NANCE, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate; 3) No objection to the subpoenas has been received; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. ~ By, ,~ John A. tatler, Es . e Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: ~ /1.{ /0 I Telephone: (717)234-4161 63085.1 , ',.,~ - -, """'. ""'''P'-'"'''-,--~'''.,,-' ',,",,,,,,,,,_. ,!Io . --" ~, " . . .. ~._~ - John A. Statler, Esquire , Attorney 1 D. No. 43812 ' GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. BOll: 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant PAGIDR. THURBER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 01-2030 Civil Term DWAYNEE. NANCE, Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: PAGIE R. THURBER, Plaintiff c/o ROBERT F. CLARA VAL, ESQUIRE P.O. Box 11965 Harrisburg, PA 17108-1965 PLEASE TAKE NOTICE that Defendant, Dwayne E. Nance, intends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: DATE: ~/Il.fla f ':,;: ,~ ,,~~ t o:MDNWEI\LTH OF f,J;llNSYLVANIA CXXlNl'Y OF alMBERLI\ND P/l.GIE R. TIRlRRER, Plaintiff v. File No. 01-2030 Civil Term DWAYNE E. NANCE, Defendant SUBPOENA TO PRODUCE OOClt1ENTS OR TH I NGS FOR DISOOVERY POOSUANT TO RULE 4009.22 TO: Harrisburg Hospital (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to r>r'Odu~ the follJi)\'{inq ~ts or thin<ls: Copies of an medical records, medical reports, irtpat1ent: records, ontpat1ent records, ~m.ergeIlcy eooID. record.s, nurses not:es, x-ray repoJ:l:.s ~d All n~hpT TP-Coxds pPT~aininf ~o Any.earp- OT ~TPa~mpn~ PVPT TPndPTPd ~n PA~TF R TRTIRRRR a/k/a PAGIE R. NANCE. at Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, PA 12t38- (A.ddress) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of carp Hance, to the party making this request at the addrE'.ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) clays after its service, the party serving this subpoena IT'ay seek a court order <:a1lrellir:g you to carply with it. llilS SUBPOENA WAS ISSUED AT 1liE REQUEST OF THE FOLLONING PERSON: NAME: John A. Statler, Esquire , Goldberg, Katzman and :;n1pman, P.C. ADDRESS: ~,o Maxkct Street P.O. Box 1268 ,Barrish_g. I'A 171nR-l'(;1l TELEPHONE: (717) 234-4161 Sl.l'REI'E <XlUIT 10 << 43812 AITORNEY FOR: Defendant Dwayne E. Nance DATE: , (Yl';:J lh ~ ;J.CX)/ Seal of e . t . . """""""'/<l!7~~r y,.i~ ~Cl~ ./ P. r/)/"U'rt~r-- Deputy (Eff. 7/91) ~'~~ ~" ,~ ,~- I" ~, -- -~ ^ ~TH OF PENNSYLVANIA 0JUNrY OF aJMBffiLI\ND FACIE R. TIlUBBER, P1aintiff v. File No. 01-2030 Civi1 Term DWAYNE E. NANCE, Defendant SUBPOENA TO PR<lOlx:E OOCl.t1ENTS OR ll-ll NGS FOR 0 I SOOVERY ~SUANT TO RULE 4009.22 TO: De1ta Denta1 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to prqduce the fol1owinq documents or things: Copies of all employment records, personnel records, discipl:!-nary records, payroll records, absentee records, disability records, employee evalua:t1on!=;_ ap.plil"';:tf"'ionH for p1I1p1Ilympnf"'. vn-rl,.,:.-r'C! ,..n"'T~T'II....r.:t'iml reEgrds~ and all et:lter records pertaining to the employment of PACIE R. TIIllRRER a/k/a/ PACIE R. NANCE. at Goldberg, Katgman & Shipman, P.C., 320 Market Street, P.O. Box 1268, Harrisburg, J!A Hl;38- (Address) You may deliver or mail legible copies of the docunents or produce things requested by this subpoena., together with the certificate of carpliance. to the party making this request at the addr<!'ss listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena l1'ay seek a court order <:ail>elling you to CClTPly with it. llilS SUBPOENA WAS ISSUED AT THE REQUEST OF THE F<X..LONING PERSON: NA/'E: John A. Statler, Esquire , Goldberg, Katzman and :>l11pman, P.C. ADDRESS: 110 Makk~t Street P.O. Box 1268 ' , llaIorisburg r-l!A- 171 OR-1 ?/iR TELEPHONE: (717) 234-4161 stJ'RB'oE <XUlT 10 # 43812 ATTORNEY FOR: Defendant Dwayne E. Nance DATE:(f{'a'j / S~tY.l1 Sea 1 0 the . t '----- ProthonotarY/CI~i lsien ,aO-?-J' --' p_ ~ r-- Deputy (Eff. 1/97) -,~'"~ "> r- . . t CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at 1"'- Harrisburg, Pennsylvania, with first-class postage prepaid on the Y day of Jl.4Ite. 2001, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By~~ John A. St ler, Esquire Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, P A 171 08-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance -'5" ,c _,,~,~ d)"' ,. .'1""-'-."-. _ .,'d .",'". "~_,-""C',,,,, "<;'-' "T ._0>, .".,. ~ --- ~ " - ~ _'1"_' "-"-"" ..'r "'" "'\~'''_''_ "u ';.0, ." - ~, .<<C' '&"",' ~" __~ ,~ - 'eiU_mm~lrr t 0 Q (J C ~rl ~-:;: (~ :-~-~ -CO] c::: f.J1f'.._: :;e: :--n Z:J_ ~:~::~j Zr,:~ I ~2 <.Jl ~cJ :.:::;C) j> -0 -;',~ I~ zo- :JC :.)C) .-"0 W Bfn Pc: ~ ~ -< ...J ~ ,:~W.j~!~o/!i\~I1#1j_].r.:_:;J___P1_~~~_~.~_- _.~. P AGIE R. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : ruRY TRIAL DEMANDED CE.BTIFICATE OF SERVICE I hereby certify that I have this day served Plaintiff s Response to Defendant's Interrogatories and Request for Production of Documents by first class mail, postage prepaid, addressed to the following persons: John A. Statler, Esq. Goldberg, Katzman & Shipman, P.C. 320 Market Stt'eet Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 ROBERT F. CLARA VAL, ESQ. Date: Gt //3)G! I , By DOJ1~ U)uio~~ DENISE 1. WILLIAMS, Secretary '-"0 ~-"" ~f,~~_,.. "_~,.,;,,,_-,,,i'_ -,--.-",~,,-" ''''.'_'1'_' " ,,"----~- -,<; '- "~I -. ~- ~ \ ~ . ,L ,~ - 1., )OIl~ ~~,~, "~,, " <-' '" ',-'. "-.. ..,~' "~-."~, . ." .'~__'"-, "" -..---.........h' I::) !.:':J Cl C.: "rl ~ ,- -O-c"" rnH:~ S;'z .... Z:J': .'-- ;~ )": " CD \.D ,::=1 -< ~ , L-? ~:::C' :;n ~C} -.:.". '.:~ " (-j ---( J (~; [','j );:=>(": \-JJ 3 :r:;! -< C.11 :(1 -< ",_J-,r ,~1"~I@l~I~~~"~II'!Il!~ml)'~M~1!iIl!il!!_P8'il:1I!m ,~t - . John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg. P A 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant P AGIE R. THURBER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 01-2030 Civil Term DWAYNEE. NANCE, Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice ofIntent, inCluding the proposed subpoenas, is attached to this certificate; 3) No objection to the subpoenas has been received; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. ~ By: JO~A. ~t~ Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 DATE: 7//0/0 I Telephone: (717)234-4161 63085,1 :~. >', ,- .'7.., . - "r-,':1'~"".~" "~' ~'c_"" .c ,'. ,_~.""" ",_ ~. .v"k,~- ,," -'~"" ,,"' -"'_'~e__' d_, ,-, ~. , ".." ..-, ,-~,-. 'f.",. __.." - ( John A. Statler, Esquire Attorney 1. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant P AGIE R THURBER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant JURY TRlAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: PAGIE R. THURBER, Plaintiff c/o ROBERT F. CLARA VAL, ESQUIRE P.O. Box 11965 Harrisburg, PA 17108-1965 PLEASE TAKE NOTICE that Defendant, Dwayne E. Nance, intends to serve subpoenas identical to the ones attached to this notice. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. GOLDBERG, KATZMAN & SHIPMAN, P.C. DATE: ~ /2.0 / 0 ) BY~^~ John~. St~;' iSqUir -- Attorney for Defendant Dwayne E. Nance ,~~ ,~ '"-"'-" .~- 4 ~TH OF p~VANIA <XlUNl'Y OF 0lMBEIlli\ND l'AGIE R. T!IlIRllER, Plaintiff File No. 01-2030 Civil Term v. DWAYNE E. NANCE, Defendant SUBPOENA TO PR<lD'XE IXlCl.tENTS OR 1li I NGS FOR D I so::>VERY ~SUANT TO RULE 4009.22 0: JAMES R. HAMSHER, M.D. (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to :"OCIuce the followinq docunents or things: Copies of all medical records, medical reports, :{ice notes, x-ra.L.!!'ports, physical therapy notes, correspondence and all other records 'rtainin~ to any care, evaluation or treatment rendered to PAGIE4R. THDRBEf; >>OB: 1/09/67; , 88N. 11-11-4103 ' I; Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.o. Box 126 , Ra:rrisburg, PA . 17108-1268 (Address) You may deliver or mail legible copies of the docunents or produce things requested by lis subpoena, together with the certificate of carpliance, to the party making this !QUest at the addrE'.ss I isted above. You have the right to seek in advance the reasonable lSt of preparing the copies or producing the things sought. I f you fai I to produce the docunents or things required by this subpoenll. within twenty ~) days after its service, the party serving this subpoena rray seek a court order ttflelling you to carply with it. liS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOiIING PERSON: tEl John A. Statler. Esquire CRESS' Goldberg, Katzman & Shipman, .-~t"fi'tr"'''''' . t;~i~*r~~6~A . 1710R-l'6R ~E: (717) 234-4161 PREME COURT 10 # 43812 P.C. lOONEY FOR: Defendant Dwayne E. Nance BY THE ~T: Prothonotary/Clerk, Civil Division TE~... Sea I of the COUrt Deputy (Eff. 7/97) ,,+~.~ " .,-" ".' , -~I ! , ' """, -- - - ~ OJIoM)NWEI\LTH OF PENNSYLVANIA a:xJNr'i OF aJMBERLl\ND PAGIE R. 'IIlURBER, Plaintiff Fi Ie No. 01-2030 Civil Term v. DWAYNE E. NANCE, Defendant SUBPOENA TO PR()()LCE IXlCl..M:NTS OR lli I N<3S FOR D I so::>vERY PrnSUANT TO RULE 4009.22 ro: RRX A. HERBERT, D.O. (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to lC"Oduce the following docunents or things: Copies of all medical records, medical reports, ffice notes, x-ra~ports, physical therapy notes, correspondence and all other records ertllinin to an care evaluation or treatment rendered to PAGIE R. THURBER; noB: 1/09/67; It Goldberg, Katzman & Shipman, P.C., 320 Market Street, P.o. B<ix I 6 , Ha=isburg, PA (Address) 17108-1268 You may deliver or mail legible copies of the docunents or produce things requested by his su'-....poena. together with the certificate of CCl'Jl)liance. to the party making this equest at the addr~.ss listed above. You have the right to seek in advance the reasonable ost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoen'lwithin twenty 20) days after its service, the party serving this subpoena rray seek a court order ar{Jelling you to CCl'Jl)ly with it. IiIS SUBPOENA WAS ISSUED AT lliE REQUEST OF lliE FOLLONING PERSON: A\t'E: John A. Statler, Esquire Goldberg, Katzman & Shipman, XlRESS: 320 N...,.,kel; Ilt:rv-" P.O. Box 1268 'R!I......"c:!'h.w....g,. 'PA 171nR-l?68 :LEPH:)NE: (717) 234-4161 ~ COURT 10 # 43812 P.C. nooNEY FOR: Defendant Dwayne E. Nance BY lliE ~T: Prothonotary/Clerk, Civi I Division \TE: Sea I of the Oolr.t Deputy (Eff. 1/97) .~, "~I'-' __1. j" -" -, .." ........... ~ I ~TH OF PENNSYLVANIA <XXJNrY OF ~ PAGIE R. THURBER, Plaintiff Fi Ie No. 01-2030 Civil Term v. DWAYNE E. NANCE, Defendant SUBPOENA TO PR<JQU:::E DO:lJ'ENTS OR 11-lINGS FOR DISOOVERY PrnSUANT TO RULE 4009.22 TO: HealthSouth Rehab Center, 503 llridge Street, New Cumberland. PA 17070 (Nane of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fOllowinq docunents or things: Copies of all medical records, medical reports, physical therapy records, progress reports, test reports, functional capacity evalnations. therapist notes and all other records pertaining to any treatment ever rendered to ~A\j1.1> K."THURllEl D.U.Il. 1./0!l/6~ ,,,>1,1: 4U.-ll-e038.c at Goldberg. J.<.atzman & Sh1pman. 1'. '. 320 Market Street. 1'.0. llox 1268. Ha=isburg. PA (Address) 17108-1268 You may deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of COIl> Hance, to the party making this -equest at the addr~.ss listed above. You have the right to seek in advance the reasonable ::cst of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoen'l within twenty (20) days after its service, the party serving this subpoena l1'ay seek a court order XlI\llellir:g you to COIl>ly with it. fHIS SUBPOENA WAS ISSUED AT 11-lE REQUEST OF 1HE FOLLONING PERSON: WE: John A. Statler. Esquire IOORESS: ~d=~t~~= & Shipman. P.o. Box 1268 . 1f9P-r-i,;'hn....g.. PA 1710R_l?fiH ~E: (717) 234-4161 U'REI'E <XUIT 10 # 43812 P.C. ,T1"00NEY FOR: Defendant Dwayne E. Nance BY 1HE ~T: Prothonotary/Clerk, Civi I Division 'ATE: Sea I of the Court Deputy (Eff. 7/97) ,_,,~"'l't ~ , ~ I . , , - , .~ -~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the (() ~ day of -J 1.4. / I 2001, addressed to the following: Robert F. Claraval, Esquire P.O. Box 11965 Harrisburg, PA 17108-1965 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. BY~~ John A. Statler, EsqUlr Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance i~~ '. '- ~,- "-c" "}~?,;';,- < ,-.c .c" "'. ,.. ,. ," ,'_" _ '.1 ,~ ,,_, ' ^"' ,. " ",., -I~-- -'. ,- ".-- .=" . ",' ., -~ --" . -~ ~ '. " .." ~ ,. ~, . ~no"""..""_"'___' '-.' ~'--~-, -, .~~~.~. ,'- Ci~; II -'"'nr () ., ~ ,') ,.. -,-' .~_ __-__~"'Pj!i1!#t~~~~1,,_~ -:"'1" Ii, ~~.~,; PAGIE R. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served Plaintiff s Interrogatories Addressed to Defendant - First Set and Plaintiff s Request for Production of Documents Addressed to Defendant - First Set by first class mail, postage prepaid, addressed to the following person: John A. Statler, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 ROBERT F. CLARA VAL, ESQ. i'-: I I f; !i , I' i i , l' I i I I I I , , I i i I I' I Date: I 0 ( \ \ 0 \ By \)QY\1vll> \A) u.tl( (~\VV) DENISE I. WILLIAMS, Secretary I r" " I, I ~""if ~~ '^ ,~', ,",~',~-,,,,,,-- "..",,-., -. ,. L' -I' ',' ,.- ,_ __~" . "'_'<,',"_ . "._ "',_' _T ,_~__ . 1 - ---+ ." - - , ilJ ~, ,. ~ I"' "' "'1 .'17., _"1.' . -.. '.. ,-~-, " . ._,-~, "",,,'^".~_H",,_ _,_ ~~~.<_>~~~.~ - """-'nr"jj~' o ~,i~; C.0:>- , ~7':: .'> ..- ~,-, ~~Cf -;:--. 2-:: :< '~--:' ~ ~-~; h-{ ;:.~.) CIi r, ~" """<="~''1''~",I~(1l''iifl''''''-~~~.!f~~~~_~~lI''ll. ,:.,~; PAGIE R. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JURY TRIAL DEMANDED PETITION FOR RULE TO SHOW CAUSE WHY PERMISSION WITHDRAW AS COUNSEL SHOULD NOT BE GRANTED 1. The Petitioner is Robert F. Claraval of Clara val & Claraval who was retained on April 19, 2000 as Plaintiff s attorney in this matter. 2. The Respondent is Pagie R. Thurber. 3. This case involves a slip and fall on an icy driveway whereby Ms. Thurber was injured at the defendant's premises. The date oftlJe fall was February 10,2000. 4. A Complaint was filed on April 4, 2001 and Defendant filed an Answer on May 23, 2001. The case has not been listed for trial as tlJere are several depositions including expert depositions which must be scheduled. 5. The Petitioner Robert F. Claraval now seeks a Rule to Show Cause why he should not be permitted to witlJdraw as counsel for Ms. Thurber in this matter. Plaintiff s counsel ~:t _.) ., -~ . ',".- -~,,_\ ,> ,'- 1-/ ~,___^__~_f._~'_____l . ~__I - does not wish to specifY his reasons for his request to withdraw as counsel because under the Rules of Professional Conduct an itemization of those reasons may have an adverse effect on Ms. Thurber's cause of action. 6. Mr. Nance's counsel Jolm Statler, Esq. has given his consent to the filing of this Petition and concurs with Robert F. Claraval's request to withdraw as counsel. WHEREFORE, Petitioner Robert F. Claraval moves this Honorable Court for a Rule to Show Cause why he should not be permitted to withdraw as counsel for Ms. Thurber. CLARA VAL & CLARA VAL Date: JY1ft.y~, ~0'1~ By Attorneys for Plaintiff :;t:~~3 > fc".","O, _~~,"" ~ _ ,_,~~,_"~, '_ ',,'_ ,~.-___ 1.. ~, _ ','",,",,'.0,_V_" _ ~ . - ." - - . PAGIE R. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JURY TRlAL DEMANDED CERTIFICATE OF SERVICE I hereby certify tlJat I have tlJis day served a true and correct copy of tlJe attached Petition for Rule to Show Cause Why Permission to WitlJdraw as Counsel Should Not be Granted by first class mail, postage prepaid, addressed to tlJe following person: Pagie Thurber 302 Louisa Lane Mechanicsburg, PA 17055 Jo1m A. Statler, Esq. Goldberg, Katzman & Shipman, P.c. P.O. Box 1268 Harrisburg, PA 17108-1268 CLARA V AL & CLARA VAL Date: 5/'d-/Od- By krt\M \A),;UiCtM DENISE 1. WILLIAMS, Secretary For Robert F. C1arava1 ,,~~, , '--"'l'~">_'~'___ ;-. ' " , c _ q" .".'.' ,1'_,'_ ~_,~, ,_' ,', "__,c. _ _ ""_~. ., _ " - ;~ ~ .,~~, ~~. ."'~ -, -., C) ~- ~: ;:f~;t-<; '-;,." ",,"'n., ' 7;- V) :;~ --<> ~~, :-:- ',-. ~'-' ."~ " '~'- Cl p,~) (:) I ~~.: , 1----::: ~'.~ EJ ..--0;(-) ---- j', ~; -'n :-;~ ~;-~ ~ --< .--~ .- ~'I t;-. J~K ~._~~"<",~,tm:mijft;<~~'~Jjm.<fF,ji~~'l\l!IflJl~",_ _~~M!P~~~,_,,~,-,~_",~",~ PAGIE R. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, <hi"~daYOf Rule is hereby issued on the PlaintiffiRespondent Pagie R. Thurb , 2002 a y Robert F. Claraval should not be permitted to withdraw as her attorney in this matter. Service of this Rule shall be made upon Ms. Thurber and counsel for Defendant by regular mail. Rule returnable ~ ~ days from date of service. BY THE COURT: Judge ~(Y"~'.OoL~: ~.~ --P~"I~ ~.~~ 51Io/"~ . .-2>p. !~'1:9.{ _,,",,>,<;.,', _ __'-"',_,_.,cr _.,,__-__"'~_,_, d .,I~_ ,.' . " . ~-, ~ ~ ~" - " . I I , I I I I I : i , I 11,1, I :1 !I 1'1 ~ I, H.. --,,,..,.,.,--".,....,III!I'''''.~ ~ I' '..'" -. "'"'~ .--~- , 'V1N''i'rilASNN3d }iiNf\C(1 C~.i\-nIBB~m lJl :'1 lid 6- ^~\>l 20 ',"1\4'0"'" "U"""'a', ~!I'\.L' ::10 J\CJ'll! il4' ;;'lJ.. w .... 381:l:lQ-(]:nl::l iRf J, P"1Iif"C;!11~':I\l~~"":->!!!r,;";~!ffiW#~~~~!lIH~~~~..!!'~~~I'J~.'O~I\I'i:t,(oJ ,u, P AGIE R. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certifytlJat I have this day served a true and correct copy of tlJis Court's Rille to Show Cause dated May 9, 2002 by first class mail, postage prepaid, addressed to tlJe following persons: Pagie Thurber 302 Louisa Lane Mechanicsburg, PA 17055 John A. Statler, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, P A 17108-1268 CLARA VAL & CLARA V AL Date: 1i/llI/Od-. By bQ\'U~O \^};J)L~llM~ DENISE I. WILLIAMS, Secretary For Robert F. Claraval ; "'<'- _'!-~'-,L.,,_,,"_. __~.~__~,~ _...1" ._.,_._...=___ Ii ~ _J._. - -~ ~. .""~ 0 0 0 c: N -n <.:-- :;: -OW ---{ "'" T 529.'.! -< ,"1::;:::0 zr-' '-,~~ ~.s a-. .-;{? ....:;,"-- C:C) '___ C~, )>:- "'0 t'~ ,'; :x -::'~- '" ~"""'l.. : W<:'5 ~~(5 ~ C3f~f'1 .,;"'> C:: Z U"I s;! :(l :0 eJ1 -< ,,"~.u,'J!1M!'W.M~i1"~~<<,\%,jIW~~f{it~~~~~~!\lI"f~_,<. ~j P AGIE R. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JURYTRlALDEMANDED MOTION TO MAKE RULE ABSOLUTE 1. On May 2, 2002 Robert F. Claraval filed a Petition to Withdraw as counsel in the above captioned matter. 2. On May 9, 2002 the Honorable George E. Hoffer issued a Rule to Show Cause, a copy of which is Appendix A, providing 15 days for Pagie R. Thurber to respond to the Petition. 3. A copy of the Rule to Show Cause was served by regular mail upon Pagie R. Thurber and counsel for Defendant on May 14, 2002. A Certificate of Service was filed with the Prothonotary's Office verifying service, copy attached as Appendix B. 4. As of the date of the filing of this Motion Pagie R. Thurber has not responded In any way. ~,i.:"!'J!i! r "-~_'_"',___:,y__",_'e," .-,. ." -',.f ."._"~I.,,,_""__ ~. '"" ._~".,~. e _ ~ WHEREFORE, it is respectfully requested that this Honorable Court issue an Order permitting Robert F. Claraval to withdraw as counsel. A proposed order is attached. CLARA VAL & CLARA VAL Date: /)1/fa( 3/; ~0lJ a... ROBERTF. CLARAVAL P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court LD. #19222 By Attorneys for Plaintiff i b~ "-"',--. - '. -,-,-", -~ - , ." '-',"" ." ,~ --- " ~,," P AGIE R. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the attached Motion to Malle Rule Absolute by first class mail, postage prepaid, addressed to the following persons: Pagie Thurber 302 Louisa Lane Mechanicsburg, P A 17055 John A. Statler, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 CLARA VAL & CLARA VAL Date: 513f/O~ By .. U.erJW llJ~fY\,,1 DENISE 1. WILLIAMS, Secretary For Robert F. Claraval "'f",~,~,,_ '-.7 0, -,,""'~_'__,",-_""?-=U~ __ ,,~,_ ,'_'~_>,<_ 1._ MAY~ 2002 PAGIER. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this CfJt.. day of I-r7 ~ , 2002 a Rule is hereby issued on the Plaintiff/Respondent Pagie R. Thurber why Robert F. Claraval should not be permitted to withdraw as her attorney in this matter. Service of this Rule shall be made upon Ms. Thurber and counsel for Defendant by regular mail. Rule returnable 15" days from date of service. BY THE COURT: Is/~LE. ~ Judge '>:'''''',,,,", --,"..... . -~"';-,'~ "', ~ " .- I" ~~_,r ~- ~r-_ " ,--, ~ Robert F. Claraval Attorney at Law P.o. Box 11965 500 NORTH THIRD STREET, 2"" FLOOR HARRISBURG, PA 17108-1965 LOU IS J. ADLER (1959-1999) ROBERT F. CLARAVAL TELEPHONE (717) 233-4780 FAX (717) 233-5830 ADLER & CLARAVAL (1974-2000) May 14, 2002 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Thurber v. Nance No. 01-2030 Civil Term Dear Prothonotary: Enclosed for filing please fmd a Certificate of Service proving service of this Court's Rule to Show Cause dated May 9,2002 upon the PlaintiffPagie R. Thurber and counsel for Defendant in the above action. Thank you for your attention to this matter. RFC:diw Enclosure (Certificate of Service) cc: pagie R. Thurber John A. Statler, Esq. :'J.'fi",,~ --~ ,. ,,< 1',,->) 'I 1 T~ P AGIE R. THURBER., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CML ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certifYtlJat I have this day served a true and correct copy of this Court's Rule to Show Cause dated May 9, 2002 by first class mail, postage prepaid, addressed to tlJe following persons: Pagie Thurber 302 Louisa Lane Mechanicsburg, PA 17055 John A. Statler, Esq. Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, P A 17108-1268 CLARA VAL & CLARA VAL Date: 5 f /C/ 10:+ By OQ\'UbQ \O\~~.l~l ~~ DENISE I. WILLIAMS, Secretary For Robert F. Claraval -_fI"< ~e ,_~ . ~"~T, , ~p ~ l7'V,mlfl. - "-~. ~"- ~-, ,';2 '- :?' -0,--';' n-'. (r} f-' ~ :< C') r~ ... " () "1-:1 ;:~ l' ;Il 'Tj C':; G.) .','! () -'::;-1 .:,:. c"5 (-;1""/1 2~~ -< ;";) (....) !'!m_fl ~",b~_ ~~",,,,,,,,,,",!~,I!t':~i:I'Jl!'II1 " !!li'""~M~''W>"",",,ff''''''~.<if'~~'I,!!;,j<(''-<:fJ,'>''~3]j!j!~11~mlW\l\lll!~'"*'i~~,H!f,!1~MiJIl!l!I~,,, ^ ~ ,.::,",_~"; r-- P AGIE R. THURBER, Plaintiff V : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JORY TRIAL DEMANDED AND NOW, this ORDER 1-"" daYOf~ , 2002 it is hereby ORDERED that Robert F. Claraval, Esquire is granted permission to withdraw as counsel for Plaintiff in the above captioned action by the filing of a Praecipe. BY THE COURT: Judge (I~ ~ ~ '. --r:o.<f'-:::r~ '-'Vr ~O-.~~. ~;:n-~,~, "'/1 /6~. --2>.~ '''''fl!MI~,._._."~ ~,'~ ","' '."no.' ~ ~ ~~. ~ "'-~ , Y1N\f^lASNN3d A."lnrn 0'" M U' _'. _", ,tE18V'4ii8 L S :01 \-IV L - Nnr 20 A1:fiflONOHlO(~d 3Hl :lO 381:Ho-G311:l ,-.. "',_~"'~~__', ,~, 'e"_ . ~-"'~'~',-,,,,,--,- ""-"'-'9'd "fi:"1'ffilltJtjiii'tj"O-.;";"Y 'iI- , II ImlT ',eriT ", .,' 4,._ ;~'~'~jl! , . "- ~~~~"'~~""" -~-~ -~..~ >"~~~,. PAGIE R. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY: Pursuant to President Judge Hoffer's Order dated June 7, 2002, please withdraw my appearance as counsel for Plaintiff in the above captioned action. CLARA VAL & CLARA VAL Date: ~AJf 1/.o1ooOt C;:::;1 . -, " By ROBERT . P.O. Box 11965 Harrisburg, PA 17108-1965 (717) 233-4780 Supreme Court LD. #19222 ''l-~~IlI''lll> > ~<~" - - , --" - . .. PAGlE R. THURBER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : CIVIL ACTION - LAW : NO. 01-2030 Civil Term DWAYNE E. NANCE, Defendant : JURY TRlAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy the attached Praecipe to Withdraw as Counsel by first class mail, postage prepaid, addressed to the following persons: Pagie Thurber 302 Louisa Lane Mechanicsburg, P A 17055 John A. Statler, Esq. Goldberg, Katzman & Shipman, P .C. P.O. Box 1268 Harrisburg, PA 17108-1268 CLARA VAL & CLARA VAL Date: W ! /II 0 ~ ByJleh;OP ~ \A,\l tlw (MJJ DENISE 1. WILLlAMS, Secretary For Robert F. Claraval ~''''''i!'"~)'''( .-- -"-'-",.>"-",,^,~ " -"'~""". - - ,-<-, ,~- ~ - , ii . ,_~~, f" .. ~"'- . "~--',,-"_ ~" " ".'OC ,-~-- ,~." ~,-, '-'1 ,- -"",- -,' ',' ~-- ,. ~-" '^1Jj[~ 0 C> 0 C ,,> -" s:: L. ^-~ ""O(];) c:= -r. 111rn z -~- -r1I Z::r,1 ,-nF 7t;: ";jrn 0~',-? W :DY -,,~, '..J I r;::CJ ~O -0 "',~ ~() --n ::Jt o~, -C) ~ z'rl >c: c{ z ~ ~ ---l -< c:::> -< .~_~_ ,. ,_,:,~n_~~~!II#ltmlt\ll-1ffil~!W-1!1jj1l'r'Ji~~J'l'!"'."""7'!'"'{I;l~_~ _ ..."i~..l ___~_". ~w ...~ <Ill.. PRAECIPE FOR liSTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) x for JURY trial at the next term of civil court. for trial without a jury. --------..-----....-----..-------.-..------------.....--~-----_...._--_...__.._-----------------------_._._---..-------...----..............--.----------.-------- CAPTlot.I'OF CASE (entire caption must be stated in full) PAGIE R.' THURBER, (check one) Assumpsit (X) Trespass Trespass (Motor Vehicle) (other) (Plaintiff) vs. DWAYNE E. NANCE, The trial list will be called on AURUst 13, 2002 and .' Trials commence on September 9, 2002 (Defendant) P,etrials will be held on AURUst 21, 2002 (Briefs a,e due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) N 01-2030 o. ~. '1 Term '__IVI 19__ Indicate the attorney who will try case for the party who files this praecipe: John A. Statler, Esquire. Attorney for Defendant Indicate trial counsel for other parties if known: Pagie R. Thurbe:r' Pro Se, Plaintiff This case is ready for trial. '- A -_.----- Signed: ~~ Print Name: John R. Statler, Esquire Date: July 16, 2002 Attorney for: Defendan!:....!!w.i!Y!'e E. Nance " "\!'\l~"'"f'(~ffll'li'~II1~1'ilIl! ;='""'~~" , - /' ..... . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at ~ Harrisburg, Pemlsylvania, with first-class postage prepaid on the I (, day of .J V\ I '1 2002, addressed to the following: Mrs. Pagie R. Thurber 302 Louisa Lane Mechanicsburg, PA 17055 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.c. BY~~ . John A. tatler, Esqu Attorney 1. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant Dwayne E. Nance ~"\~~ ~ . -:'-(" -"_'-'_-'~-'[l'CT'-~-'- -. -~, Jo c,~_",.,"' h. "_,_.,,_0 '__"_ ,l ~ ~ ~ " I - ~=~, '" ~ . --,~ ~,' ,- .-~ o C IJf;:i 0:) EJ ..c~. ._,.' ~~ -<...-,', r:::c) :;- z1=~ >.~ L~ --j -< >0'"._''''_"''' ~. ... ~- ....,,: N '- S , o '-n ...J :-:1~2 -,..J "'1'1 _.~ cr: -,.~ ,-~ ---' ~-' ~:.H :~~~~?, ''.-::\ --~ :'D -< -,:] :=i": (-:? ]'..) )c''fiW~1~~~-~~~-_"''__7,_~~~~'R!1~__1~: #15 Hoffer PAIGE R. THURBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 01-2030 CIVIL DWAYNE E. NANCE, Defendant CIVIL'ACTION - LAW IN RE: CASE CONTINUED ORDER OF COURT AND NOW, August 13, 2002, this case having been called for trial by John R. Statler, Esquire, Goldberg, Katzman and Shipman, and the plaintiff having appeared pro se and having requested a continuance from this trial list, plaintiff's request for continuance until the November term is granted. Ms. Thurber's prior attorney, Robert Claraval, Esquire, withdrew from representing plaintiff in June 2002. Ms. Thurber claims that she has been looking for an attorney to represent her since that time, but only now has scheduled an appointment with an attorney named Kurt Blake, Esquire, of 29 East Philadelphia Street, York, Pennsylvania. She claims to have an appointment with Mr. Blake, who she indicates has agreed to accept her case over the telephone, on August 28, 2002, at 6:00 p.m. at his office. The Court requests Mr. Blake to inform the Court and defense counsel by letter after his appointment with Ms. Thurber to inform the Court of Mr. Blake's appearance or nonappearance in this matter. The Court directs that the case will be listed for trial in November without further listing by counselor Order of (~,-,o_~. ,_ -,,, I I ~ - ~ .,,~ -;,'~~"""""' , 01-2030 Civil Page 2 Court. The next appearance for plaintiff and her counsel will be at the pretrial conference on the fourth floor of the courthouse on Wednesday, October 16, 2002, at 9:00 a.m. ~paige R. Thurber, Plaintiff 1051 Allendale Road Apartment I Mechanicsburg, Pa., 17055 ~ohn R. Statler, Esquire For tbe Defendant ~urt Blake, Esquire 29 E. Philadelphia St. York, Pa. 17404 Prothonotary Court Administrator :mtf ..~." ',u" ' I I By the Cour , G -- '1- - ~" .........,~'< ;<Ij II Ii :1 il. 'c ~ " " ~_'RI~liI!91~t'.l:i!l,!\Wl - ,_~ "',0 ","~ ,_,_." ~ _~." <<.~~I '~ :D ~ e:: '" +- " $l. >' ~~I ~ o ~. ;:r- 'I:: 'j ~ r ~,-. '( ~ c::> ~~:~!'P!l~~,~"'I'~'Wiif"j!!l,~11i"f\f'I'f!~l!!~~~~~"~,",_, _ ,.. "!!r~,~~!M~,,,_ _' '---:_9'~~ P AGIE R. THURBER : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : No. 01-2030 Civil Term DWAYNE E. NANCE PRAECIPE To the Prothonotary of Cumberland County: Please wit/Jdraw Plaintiff's Complaint without prejudice. Date: JD-/lf-O;;J. ~~-f!crluujJ1;J Pagie . Thurber Plaintiff f)dql~ k.'- I(~ .:::r.D,:,b/ ~,j }9 &, 9- 3 P ua:\UE/l-'i> ~1'sc..'<<.)sL ~"";,!,''''''A,..,.,., " ""',"'~-' '---'_I~"'~'" ,- .l,,~ .,. 1 .,,- ~3" J w.~. _<l.-~m H ~ ..~ () 0 () C N .~n <" 0 -0 liD n ITlrr-; --l T1 ""7-.. . ,'- ~-, Z " _'~:jd 0)'::;; en. -< :;. ~}(:) s::t-: ~~ ~8 'r, ::If: C) .. co '~-, in Z :::::! =:> :J-;.-': ::;J (J'l ::..0 ..< .,_,.,..,...~IIlI!IlIlnmll!l\l!'j!~J._,~"., ~4n,""m!f.I'!ii!!'!fl!"JJF'W,'*'jf_'"~~.P~~~~-;,<:-:,~, . <,,-.".' PAGIE R. THURBRE, Plaintiff v. DWAYNE E. NANCE, Defendant # 22 OLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 01-2030 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of October, 2002, a pretrial conference having been scheduled in the above-captioned matter for today's date, and Defendant's counsel, John A. Statler, Esquire, having filed a pretrial memorandum, and having appeared for the pretrial conference, and Plaintiff having failed to file a pretrial memorandum, and having failed to appear at the pretrial conference, and having filed with the prothonotary a praecipe to withdraw her complaint, Plaintiff's complaint is dismissed with prejudice. pagie R. Thurber, Pro Se 1051 Allendale Road Mechanicsburg, PA 17055 and 20 Bellmore Road Camp Hill, PA 17011 and 342 Louisa Lane Mechanicsburg, PA 17055 Court Administrator "'~~~ ,',rc','" , 11_' "",. '~"..'1 '_,.",.-. ,- , By the Court, vU, ~~ Ib.23-0L- {f-, ''--'!'" '1 John A. Statler, Esquire For the Defendant wcy ,-, " ~ ~ I I I Ii r: f: II 1] I .' i: j.i Ii I i L: Ii I! VINV/\lASNN3d 'INI'\(')",' n'V1H~jCH"'nr'\ 1\,.1 1 i, U ',..' ,; ,_._.'::JJ"l V L: I 1.1 Ii 1.1 k Ii 1'1 -S 2 " ' n, '. ~..;,~ U ~ H<-" S Zl:lO GO ]'1 1.1 U II " }''''''''",nW'l''!i '-'Hi JiQ \o';,! \j~'f'"" LL. ~_.I_. -' ',.- ~ - :;r'l 'J!"I-.(}~-IU ....iJt:J~~'..... I.., ...> 1... i,' n ),1 II i'-'. f.& _r~~....~,~ _1 'I, _~~~~:'i!ilillfll!f_"~~"'f-0,,;w,W-l-~~1Im1!>J,1~il;l'!i~"''I.,":m~~~;:p~_A';~,''jll~~~ ~"-,' f",_~",.)